RAMAKRISHNA MISSION & ANR. versus KAGO KUNYA & ORS.

RAMAKRISHNA MISSION & ANR. versus KAGO KUNYA & ORS.

Ramakrishna Mission and its hospital do not constitute 'State' within the meaning of Article 12 or an 'authority' under Article 226; the hospital's activities are voluntary, charitable, and not closely related to State functions; lack of government control means they are not amenable to writ jurisdiction; contracts of service of hospital employees are private and not subject to writ jurisdiction.

Parties
Appellant: Ramakrishna Mission; Respondent: Kago Kunya
Jurisdiction
India
Judgment Date
28 February 2019
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
Appeal allowed; judgment and order of High Court set aside; writ petition dismissed.
Legal Topics
Article 12, Article 226, State as Public Authority, Writ Jurisdiction, Private Contract of Service
Constitutional Law Article 12 Article 226 State as Public Authority Writ Jurisdiction Private Contract of Service

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Parties

Ramakrishna Mission

Appellant

Kago Kunya

Respondent

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether Ramakrishna Mission and its hospital are authorities amenable to writ jurisdiction under Article 226
  2. 2 Whether appellants are 'State' within the meaning of Article 12 of the Constitution
  3. 3 Whether contracts of service of hospital employees are subject to writ jurisdiction

Ratio Decidendi

Ramakrishna Mission and its hospital do not constitute 'State' within the meaning of Article 12 or an 'authority' under Article 226; the hospital's activities are voluntary, charitable, and not closely related to State functions; lack of government control means they are not amenable to writ jurisdiction; contracts of service of hospital employees are private and not subject to writ jurisdiction.

Court Disposition

Appeal allowed; judgment and order of High Court set aside; writ petition dismissed.

Orders

  • Judgment and order of the Gauhati High Court dated 6 April 2018 in Writ Appeal No 25 (AP/2017) set aside.
  • W.P. (Civil) No 520 (AP/2015) dismissed.